Capital punishment in Ukraine

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Abolished for all offences
Abolished in practice
Retains capital punishment Death Penalty laws in Europe.svg
Europe holds the greatest concentration of abolitionist states (blue). Map current as of 2022
  Abolished for all offences
  Abolished in practice
  Retains capital punishment

Capital punishment was abolished in Ukraine in 2000. [1] In 1995 Ukraine entered the Council of Europe and thus it was obliged to abolish the death penalty. [1] The Verkhovna Rada introduced amendments to the then-acting Criminal Code in 2000, according to which "death penalty" was withdrawn from the list of official punishments of Ukraine. [1] Ukraine carried out its last execution in 1997 according to Amnesty International. [2]

Contents

History

Capital punishment in Ukraine existed soon after the fall of the Russian Empire in 1917. Among the list of known people who were executed by the Ukrainian authorities was Ivan Samosenko.

In 1995, Ukraine entered the Council of Europe and one of the obligations it had to undertake with this act was to abolish the death penalty. [3] The Verkhovna Rada undertook little actions to do so until September 1998 after international pressure from the Council of Europe and the European Union. [3] [4] At the request of the People's Deputies of Ukraine, the Constitutional Court ruled the death penalty unconstitutional in December 1999. [3] [4] The Verkhovna Rada introduced amendments to the then-acting Criminal Code in April 2000 that withdrew capital punishment from the list of official punishments in Ukraine (in peace and wartime). [1] [3] [4]

Ukraine was the last Council of Europe member state that used to be part of the Eastern Bloc to abolish the death penalty for peacetime offenses. [3] Latvia, also a former Soviet republic, abolished it for wartime offenses only in 2012. [5]

Politics

National Corps, a Ukrainian far-right political party, supports bringing back the death penalty.

Reintroduction in Donetsk and Luhansk People's Republics

The Donetsk People's Republic, a Russian occupied, partially recognized breakaway state in territory internationally recognized as part of Ukraine, introduced the death penalty in 2014 for cases of treason, espionage, and assassination of political leaders. There had already been accusations of extrajudicial executions occurring. [6] The Luhansk People's Republic, which is also a partially recognized secessionist breakaway state in what is widely recognized as Ukrainian territory, has also reintroduced capital punishment. [7]

On June 9, 2022, following the siege of Mariupol during the Russian Invasion of Ukraine, British volunteers to Ukraine Aiden Aslin and Shaun Pinner, and Moroccan Brahim Saadoun were sentenced to death for "terroristic activities" in a proceeding widely described as a show trial; however, they were later released in a POW exchange between Ukraine and Russian authorities. [8] [9]

The Ukrainian government, which does not recognize the independence of these republics, has threatened to prosecute anyone involved in such executions for murder. [10]

Related Research Articles

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

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Capital punishment has been completely abolished in all European countries except for Belarus and Russia, the latter of which has a moratorium and has not conducted an execution since September 1996. The complete ban on capital punishment is enshrined in both the Charter of Fundamental Rights of the European Union (EU) and two widely adopted protocols of the European Convention on Human Rights of the Council of Europe, and is thus considered a central value. Of all modern European countries, San Marino, Portugal, and the Netherlands were the first to abolish capital punishment, whereas only Belarus still practises capital punishment in some form or another. In 2012, Latvia became the last EU member state to abolish capital punishment in wartime.

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The Donetsk People's Republic is an internationally unrecognized republic of Russia, comprising the occupied parts of eastern Ukraine's Donetsk Oblast, with its capital in Donetsk. The DPR was created by Russian-backed paramilitaries in 2014, and it initially operated as a breakaway state until it was annexed by Russia in 2022.

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Brahim Saâdoune is a Moroccan student who joined the Ukrainian Armed Forces as a fighter-volunteer. Saâdoune was captured during the Battle of Volnovakha and sentenced to death by the Supreme Court of the self-proclaimed Donetsk People's Republic (DPR) in what has been described as a "show trial".

Shaun Pinner is a former soldier of the British Army who joined the Ukrainian Armed Forces as a contracted fighter in 2018 and fought during the 2022 Russian invasion of Ukraine. During the siege of Mariupol, he was captured and sentenced to death in a show trial by the Supreme Court of the self-proclaimed Donetsk People's Republic (DPR), but was freed in September in a prisoner exchange. In December 2022 he was awarded the state ‘Order of Courage, 3rd Degree’ in a decree by President Zelensky for “selfless acts in the defence and sovereignty of Ukraine”.

References

  1. 1 2 3 4 "Serial killer Onopriyenko dies in Zhytomyr prison". Interfax-Ukraine . 2013-08-28. Archived from the original on 2015-10-19. Retrieved 2024-02-05.
  2. "Annual Report 1999 – Ukraine". Amnesty International. Archived from the original on 20 June 2009.
  3. 1 2 3 4 5 Magen, Amichai; Morlino, Leonardo (2008-07-25). International Actors, Democratization and the Rule of Law: Anchoring Democracy?. Routledge. p. 196. ISBN   978-1-134-05814-3.
  4. 1 2 3 The Death Penalty: Beyond Abolition. Council of Europe. 2004-01-01. p. 74. ISBN   978-92-871-5333-3.
  5. "Countries That Have Abolished the Death Penalty Since 1976".
  6. "Donetsk Separatists Introduce Death Penalty for Treason". The Moscow Times. Reuters. 2014-08-18. Retrieved 2024-02-05.
  7. "Belarus and Ukrainan[sic] rebels keep death penalty alive in Europe". April 2015.
  8. Roche, Darragh (9 June 2022). "Two British Fighters in Ukraine Sentenced to Death by Pro-Russian Court". Newsweek (published June 9, 2022).
  9. "Aiden Aslin among 10 international 'prisoners of war' released by Russian authorities". the Guardian. 2022-09-22. Retrieved 2022-12-18.
  10. Removska, Olena (2014-11-04). "Kyiv Authorities Slam Separatist Courts Handing Down Summary Death Sentences". Radio Free Europe/Radio Liberty. Retrieved 2024-02-05.